Agenda - Council - 09/26/2017 - Laserfiche WebLink

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City Administrator Ulrich stated that the Schmitzs have their argument and the decision for the Council tonight is whether they would like to go to court on this matter or accept a counteroffer. He stated that the City is attempting to reach a compromise and staff is aware the Schmitzs did not agree to pay $21,500. He stated that the full construction costs were not known and therefore the City paid to design the plans in order to determine those costs. He stated that staff feels strongly that each of the points made by Mr. Alden would be disputed by the records of the City. He stated that in a court case each party would be required to pay attorney's fees and therefore perhaps a compromise could be reached. Mr. Alden noted that in a declaratory judgement case sometimes the losing party can be liable for the other party's legal fees. City Attorney Langel stated that he is not going to address all of the points made but noted that the City has the opposite opinion on all the points made by Mr. Alden. He stated that a turnaround is necessary and there is not an option to simply not construct one as emergency vehicles will need that element. He noted that when the permits were obtained, the surveyor identified the turnaround. Councilmember Riley stated that he appreciates that each party has their own opinion on the matter. He stated that there is an existing policy to assess 25 percent of the cost and perhaps that 25 percent be used as a cost -share. Councilmember Kuzma asked if the turnaround has been plowed in the winter. Public Works Superintendent Riemer stated that the area used to wash out and therefore crushed asphalt has been brought on the property multiple times. He also identified the location of a culvert that was installed. He noted that plowing has also occurred regularly and the vehicles have GPS tracking which identifies the exact time. Councilmember Kuzma agreed with the counteroffer of 25 percent for the Schmitzs which follows the current assessment policy. Councilmember Williams referenced the statement that the Schmitzs are asking that the easement be purchased and asked for clarification. City Engineer Westby stated that the response from the Schmitzs was that their offer would be to contribute $3,000 towards the construction but if that offer is accepted, the City would need to state that the City has no recorded easements, and the Schmitzs would not be willing to donate the easement; which leads him to believe that the Schmitzs would want compensation for the easement. Mrs. Schmitz stated that her husband is out of town and was not able to attend. She stated that as they look back on the records for this area there were easements obtained in 2006 and 2007 for the easements for this road. She stated that those property owners were paid for their easements. She stated that they are willing to pay the $3,000 to get this matter resolved but they are not willing to spend a lot more money. She stated that if they contribute the $3,000 they will give City Council Work Session / September 12, 2017 Page 3 of 8